ED Legal Letter
RSSArticles
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Examining Legal Pitfalls for EPs When Treating Patients with Time-sensitive Diagnoses
Poor documentation can make these cases very difficult to defend.
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Patient Doesn’t Appear Seriously Ill? Bad Outcomes Can Occur in ED Waiting Rooms
Don’t buy into the myth that the patient can’t die in the lobby.
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Are Missed Abdominal Pain Claims Against EPs Defensible?
Many claims involving misdiagnosis of abdominal pain in the ED involve multiple visits to the ED, or to other providers such as primary care physicians or urgent care centers.
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High-risk ED Abdominal Cases Involved These Diagnostic Errors
Researchers developed an electronic tool to identify patients who presented to the ED of an urban academic hospital with acute abdominal pain who were discharged home, had a return ED visit within 10 days, and were admitted to the hospital when they returned.
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Plaintiff Attorney Could Have Tough Time Proving Causation in ED Med/Mal Suit
The plaintiff’s attorney must prove that the EP breached the standard of care, and that the breach caused the alleged damages.
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EPs Often Unaware of Psychiatric Patients’ EMTALA Risks
Screening must cover both medical and mental health.
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Complacency Is Risky for Frequent ED Users with Psychiatric History
Assumptions of “same old” symptoms are dangerous.
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Assuming Patient’s Symptoms ‘Just Psychiatric’ Is Legally Risky
EPs sometimes assume that delusions, hallucinations, agitation, and other psychiatric complaints are due to a psychiatric illness without performing a complete history and physical examination.
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Psych Patients Held in ED for Days Create Legal Risks for EPs
Some patients discharged without evaluation.
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Did Your ED Examine a Mass Shooter?
Lawsuit could allege inadequate evaluation; EPs could be liable for violent acts of patients.